No.
04-0465/AF.U.S.
v. Terry A. FLETCHER.CCA 34945.We granted review to determine whether the
military judge erred when he denied trial defense counsel’s motion to
suppress
Appellant’s positive urinalysis test.66
M.J. 188 (C.A.A.F. 2008).In this case,
there was: (1) a properly constituted command drug testing program in
effect at
Appellant’s installation, and (2) evidence that the order to provide
the
specimen was incident to command under Military Rule of Evidence 313(b).Therefore, we hold that the military judge did
not abuse his discretion in denying the motion to suppress.Accordingly, it is ordered that the decision
of the United States Air Force Court of Criminal Appeals is affirmed.

No. 08-0521/AR.U.S. v. Taveous T.
SPEVEY.CCA 20060795. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to June 30, 2008.

No. 08-0536/AR.U.S. v. Joshua M.
MARKELWITZ.CCA 20071350. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to June 30, 2008.

No. 08-0538/AR.U.S. v. Elijah S.
ALLEN.CCA 20071333. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to June 30, 2008.

No. 08-0540/AR.U.S. v. Thomas E.
RUSSELL,
Jr.CCA 20050281. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to June 30, 2008.

No. 08-0541/AR.U.S. v. Jamar A.
FLIPPEN.CCA 20070752. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to June 30, 2008.

UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-159

Thursday,
May 29, 2008

APPEALS - SUMMARY
DISPOSITIONS

No. 03-0688/NA.U.S.
v. Stacie M.
SOWELL.CCA 9901777.On
consideration of the petition for grant of review
of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, said petition is hereby granted, and the decision of the
United States
Navy-Marine Corps Court of Criminal Appeals is affirmed.[See also
ORDERS GRANTING
PETITION FOR REVIEW this date.]

No. 07-0602/NA.U.S.
v. Angela R.
MITCHELL.CCA 200600998.On
consideration of the petition for grant of review
of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, said petition is hereby granted, and the decision of the
United States
Navy-Marine Corps Court of Criminal Appeals is affirmed.[See also
ORDERS
GRANTING PETITION FOR REVIEW this date.]

No.
08-0423/AR.U.S.
v. Corey D. JOHNSON.CCA 20070866. Appellee's motion for leave to file a ten-day
letter in answer to the supplement to the petition for grant of review
out of
time is granted.

No.
08-0467/AR.U.S.
v. Lewis G. SPIRES.CCA 20071258. Appellee's motion for leave to file a ten-day
letter in answer to the supplement to the petition for grant of review
out of
time is hereby denied as moot.The
petition for grant of review was denied on May 13, 2008.

No.
08-0470/AR.U.S.
v. Daniel R. STEVENSON.CCA 20071111.Appellee’s motion for leave to file a ten-day
letter in answer to the supplement to the petition for grant of review
out of
time is granted

No.
08-0507/AR.U.S.
v. Nikki S. MCCARTY.CCA 20060218. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 26, 2008.

UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-157

Tuesday,
May 27, 2008

APPEALS - SUMMARY
DISPOSITIONS

No.
07-0795/AF.U.S.
v. Jeffrey R. RUTHERFORD.CCA 36651.
On further consideration of the granted issue, 66 M.J. 111 (C.A.A.F.
2008), it
is ordered that the decision of the
United States Air Force Court of Criminal Appeals is hereby affirmed.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 08-0300/AR.U.S. v. Robert J.
MASONIS,
Jr.CCA 20061029.

No. 08-0321/AR.U.S. v. Rodney A.
BRACKENS,
Jr.CCA 20070318.

No. 08-0359/AR.U.S. v. Roger H.J.
BUCCOLO.CCA 20070452.

No. 08-0380/AR.U.S. v. Chris S.
ROLAN.CCA 20070226.

No. 08-0386/AR.U.S. v. Timothy L.
HATMAKER.CCA 20050062.

No. 08-0399/AR.U.S. v. Mitchell R.
ALLARD.CCA 20061285.

No. 08-0412/AR.U.S. v. Michael
CARITHERS.CCA 20061130.

No. 08-0421/AR.U.S. v. Matthew W.
CLAYPOOLE.CCA 20071301.

No. 08-0473/AF.U.S. v. Justin Q.
SCHWARTZ.CCA S31272.

No. 08-0489/AR.U.S. v. Shane R.
MARTIN.CCA 20070857.

PETITIONS FOR GRANT OF REVIEW FILED

No. 08-0582/AR.U.S. v. Terry L.
WILLIAMS,
Sr.CCA 20050024.

No. 08-0583/AR.U.S. v. Joseph D.
STALLINGS.CCA 20070359.

No. 08-0584/AR.U.S. v. Joshua A.
GETER.CCA 20070820.

No. 08-0585/AR.U.S. v. Keith A.
WATSON.CCA 20060101.

No. 08-0586/AR.U.S. v. Corderra
GRANDBERRY.CCA 20060315.

No. 08-0587/AR.U.S. v. Bud L. DWELLY.CCA 20070735.

No. 08-0588/AF.U.S. v. Kristica R.
SKELLEY.CCA 37028.

No. 08-0589/AF.U.S. v. Marcus W.
STEPHENS.CCA 36682.

No. 08-0590/AF.U.S. v. Marcus A.
GRANDBERRY.CCA 37100.

No. 08-0591/AR.U.S. v. Oscar L.
RICHARD.CCA 20070769.

No. 08-0592/AR.U.S. v. Jamin E.
WESLEY.CCA 20060483.

UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-156

Friday,
May 23, 2008

PETITIONS FOR GRANT OF
REVIEW FILED

No.
08-0579/AR.U.S.
v. Marcel D. THOMPSON.CCA 20060562.

No.
08-0580/AR.U.S.
v. Brandon I. MILLER.CCA 20060224.

No.
08-0581/AF.U.S.
v. Derek J. PAULK.CCA 36952.

INTERLOCUTORY ORDERS

No.
05-0674/AR.U.S.
v. Jeremy M. PHILLIPPE.CCA 20040616. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 20, 2008.

No.
08-0497/NA.U.S.
v. Milton T. GUY.CCA 200700878. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, up
to and including June 6, 2008, and absent extraordinary
circumstances, no further
extension of time will be granted in this case.

No.
08-0500/AR.U.S.
v. Jesse W. REEL.CCA 20051379. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 23, 2008.

No.
08-0502/AR.U.S.
v. Evol K. SUTTON.CCA 20041203. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 20, 2008.

No.
08-0503/AR.U.S.
v. Michael B. RUBENSTEIN.CCA 20060354. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 23, 2008.

No.
08-0520/NA.U.S.
v. Kenneth R. MORRISON.CCA 200700647. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted June 27, 2008.

UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-155

Thursday,
May 22, 2008

APPEALS - SUMMARY
DISPOSITIONS

No. 08-0168/NA.U.S.
v. Cooper JACKSON.CCA 200700255.
On consideration of the petition for
grant of review of the decision of the United States Navy-Marine Corps
Court of
Criminal Appeals, said petition is hereby granted, and the decision of
the
United States Navy-Marine Corps Court of Criminal Appeals is affirmed.
[See
also ORDERS GRANTING PETITION FOR REVIEW this date.]

**It is noted that
the
promulgating order erroneously reflects the charge under Article 120,
UCMJ,
instead of Article 134, UCMJ.

UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-154

Wednesday,
May 21, 2008

PETITIONS FOR GRANT OF REVIEW FILED

No. 08-0575/AR.U.S. v. Estevan L.
MONTAYA.CCA 20080159.

No. 08-0576/NA.U.S. v. Harold S.
LOGAN.CCA 200700740.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc.
No. 08-8013/NA.Ali (a.k.a. Anwar
Hassan), Thabid (a.k.a. Dawut Abdurehim), Adel Noori, Abdulghappar
Abdulrahman,
Ahmad Tourson, and Abdul Razakah, Presumptive Prisoners of War,
Guantanamo Bay
Cuba Detainees, Petitioners v. United States, Respondent.Petitioners have filed a petition for
extraordinary relief in the nature of a writ of prohibition and a writ
of
mandamus.In response to this Court’s
order to show cause, Respondent filed an answer, and Petitioners have
filed a
reply.On consideration of these
pleadings, we note that: (1) Petitioners state that they have been
detained as
enemy combatants since 2002, and assert they are presumptive prisoners
of war;
(2) Petitioners allege that the conditions of their detention do not
comport
with the requirements of the Geneva Convention Relative to the
Treatment of
Prisoners of War; (3) Petitioners have filed petitions for a writ of
habeas
corpus, challenging their classifications as enemy combatants in other
federal
courts, including the United States Supreme Court; and (4) That those
petitions
remain pending before those courts.In
view of the pending proceedings in other federal courts, and without
deciding
the question of jurisdiction, it is ordered that said petition is
hereby
dismissed without prejudice.

No. 07-0848/AF.U.S. v. Linwood W.
BURTON,
Jr.CCA 36296. Appellant's
motion to extend time to file a
brief granted, but only up to an
including June 17, 2008, and
absent extraordinary circumstances, no further extension of time will
be
granted in this case.

No. 08-0365/AR.U.S. v. John M.
DIAMOND.CCA 20010761. Appellant's
motion for leave to file
supplement to the petition for grant of review out of time granted.

No. 08-0400/AR.U.S. v. William B.
GRAHAM.CCA 20061106. Appellant's
motion for leave to file out of
time second motion to extend time to file the supplement to the
petition for
grant of review granted, but only up
to and including May 30, 2008,and absent extraordinary
circumstances,
no further extension of time will be granted in this case.

No. 08-0493/AR.U.S. v. Nathan G.
ALLEN.CCA 20070250. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to June 18, 2008.

No. 08-0495/NA.U.S. v. Kimberly L.
COLLIER.CCA 200601218. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to June 20, 2008.

No.
06-13. In the Matter of Sydney Jerome Chase.On September 6, 2006, the above-named
attorney was disbarred from the practice of law before this Court as
reciprocal
action for his earlier disbarment by the Supreme Court of New York,
Appellate
Division, Second Judicial Department.On
March 14, 2008, the Supreme Court of New York reinstated the
above-named
attorney as an attorney and counselor-at-law, and he has applied for
reinstatement before this Court.Accordingly, it is ordered that Sydney Jerome Chase is hereby
reinstated
to practice law before this Court effective this date.

No.
08-0092/MC.U.S.
v. Derek C. BURCH.CCA 200700047. Appellant's motion to extend time to file a
brief
granted, up to and including June 16,
2008, and absent
extraordinary circumstances, no further extension of time will be
granted in
this case.

No.
08-0484/AR.U.S.
v. Nathaniel W. PAILEN.CCA 20051291. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 13, 2008.

UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-149

Wednesday,
May 14, 2008

PETITIONS FOR GRANT OF
REVIEW FILED

No.
08-0545/AR.U.S.
v. Nicholas R. NOEL.CCA 20060824.

No.
08-0546/AR.U.S.
v. Ky G. CHENG.CCA 20070067.

MANDATES ISSUED

No.
07-0685/AF.U.S.
v. Michael J. RODRIGUEZ.CCA 36455.

UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-148

Tuesday,
May 13, 2008

ORDERS GRANTING
PETITION FOR REVIEW

No.
08-0169/MC.U.S.
v. Byron M. LEWIS.CCA
200600045.On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, we note that Appellant raises for the first time on appeal an
issue
regarding the legal sufficiency of the evidence with respect to
Specification 1
of Charge I (conspiracy to distribute drugs).It is appropriate for the court below to consider this issue
initially.Accordingly, it is ordered
that said petition is granted on
the following issue:

Whether
the evidence is legally insufficient to support the conviction for
conspiracy
when the government PURPORTEDLY failed to provide any evidence that the
alleged
overt acts occurred after the conspiratorial agreement arose.

The decision of
the United
States Navy-Marine Corps Court of Criminal Appeals is set aside.The record of trial is returned to the Judge
Advocate General of the Navy for remand to that court for consideration
of the
issue raised for the first time before us.Thereafter, Article 67, Uniform Code of Military Justice, 10
U.S.C. §
867 (2000), shall apply.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 08-0337/AR.U.S. v. Ryan A.
WILLIAMS.CCA 20070753.

No. 08-0438/AR.U.S. v. Vianka S.
DELCID.CCA 20070986.

No. 08-0450/AF.U.S. v. Brendan W.
CAVANAUGH.CCA 37023.

No. 08-0453/AF.U.S. v. Scott A.
JONES.CCA S31231.

No. 08-0467/AR.U.S. v. Lewis G.
SPIRES.CCA 20071258.

PETITIONS FOR GRANT OF REVIEW FILED

No. 08-0540/AR.U.S. v. Thomas E.
RUSSELL,
Jr.CCA 20050281.

No. 08-0541/AR.U.S. v. Jamar A.
FLIPPEN.CCA 20070752.

No. 08-0542/AR.U.S. v. Travis R.
JONES.CCA 20071212.

No. 08-0543/AR.U.S. v. Steven M.
KNUTH.CCA 20070973.

No. 08-0544/NA.U.S. v. Sandgennie
EVANS.CCA 200700898.

MISCELLANEOUS DOCKET - FILINGS

Misc. No.
08-8018/NA.In re John A. DOSSEY, USN.CCA 200700537.Notice
is hereby given that a petition for
extraordinary relief in the nature of a writ of mandamus was filed
under Rule
27(a) on this date.

INTERLOCUTORY ORDERS

No. 08-0398/AR.U.S. v. Israel TSATSKIS.CCA 20051218. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted, but
only up to and including May 28, 2008, and
absent extraordinary circumstances,
no further extension of time will be granted in this case.

No. 08-0482/AF.U.S. v. James A.
PEDROZA.CCA 36896. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to June 11, 2008.

No. 08-0483/AR.U.S. v. Joseph L.
SMITH.CCA 20070963. Appellant's
motion to extend time to file the
supplement to the petition for grant of review granted to June 9, 2008.

UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-147

Monday,
May 12, 2008

APPEALS - SUMMARY
DISPOSITIONS

No.
02-0334/AR.U.S.
v. Michael L. BAKER.CCA
9800743.On consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal
Appeals,
said petition is hereby granted, and the decision of the United States
Army
Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING
PETITION FOR
REVIEW this date.]

No.
05-0528/MC.U.S.
v. Michael S. SNOOK.CCA
200201598.On consideration of the petition for grant of
review of the decision of the United States Navy-Marine Corps Court of
Criminal
Appeals, said petition is hereby granted, and the decision of the
United States
Navy-Marine Corps Court of Criminal Appeals is affirmed. [See
also
ORDERS
GRANTING PETITION FOR REVIEW this date.]

No. 07-0401/NA.U.S.
v. Russell B. MULLINS.CCA 200200988.On further consideration of the granted
issues, 66 M.J. 188 (C.A.A.F. 2008), and United States v. Brooks,
64
M.J. 325 (C.A.A.F. 2007), it is ordered that the decision of the United
States
Navy-Marine Corps Court of Criminal Appeals is set aside, and that the
record
is returned to the Judge Advocate General of the Navy for remand to the
Court
of Criminal Appeals for a new review under Article 66(c), Uniform Code
of
Military Justice, 10 U.S.C. § 866(c) (2000), to include consideration
of the
first granted issue in light of Brooks.

PETITIONS FOR GRANT OF REVIEW FILED

No.
08-0535/AR.U.S.
v. Timothy L. WAKER.CCA 20071323.

UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-145

Thursday,
May 8, 2008

PETITIONS FOR GRANT OF
REVIEW FILED

No.
08-0534/NA.U.S.
v. Robert PERSON, Jr.CCA 200600076.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No.
08-8014/NA.Fernando Garcia, Petitioner
v. United States,
Respondent.CCA 9901513.On consideration of the petition for
extraordinary relief in the nature of a writ of habeas corpus, said
petition is
hereby denied.

Misc. No.
08-8016/NA.Osman Asif, Petitioner v. United States,
Respondent.CCA 200601040. On
consideration of the petition for extraordinary relief in the nature of
a writ
of habeas corpus, said petition is hereby denied without prejudice to
Petitioner’s right to raise the issues asserted during the course of
normal
appellate review.

WHETHER
APPELLANT'S ARTICLE 133 CONVICTION CAN BE SUSTAINED EVEN THOUGH HE
PLEADED NOT
GUILTY AND THE SPECIFICATION ON WHICH HE WAS TRIED EXPRESSLY RESTED ON
A
STATUTE THAT THE SUPREME COURT HAS FOUND UNCONSTITUTIONAL.

No.
08-0456/AR.U.S.
v. Michael R. LONG.CCA 20070129. Appellant's motion for leave to file out of
time and motion to extend time to file the supplement to the petition
for grant
of review are granted, and Appellant will file the supplement to the
petition
for grant of review on or before May 14, 2008.

No.
08-0458/AR.U.S.
v. Darrick D. BUTLER.CCA 20070557. Appellant's motion to
extend time to file the
supplement to the petition for grant of review granted to June 2, 2008.

No.
08-0460/AR.U.S.
v. Ian M. HOWELL.CCA 20071029. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 4, 2008.

No.
08-0461/AR.U.S.
v. Robert E. COLE.CCA 20040879. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 4, 2008.

No.
08-0463/AR.U.S.
v. Joseph M. MORGAN.CCA 20060084. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 4, 2008.

No.
08-0465/MC.U.S.
v. Israel
CARROMERO.CCA 200602334. Appellee's
motion to attach affidavit is
denied, and Appellant’s motion to extend time to file the supplement to
the
petition for grant of review is granted to June 5, 2008.

No.
08-0478/AR.U.S.
v. Mark S. GRISHAM.CCA 20050479. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to June 4, 2008.

MANDATES ISSUED

No.
07-0225/MC.U.S.
v. Michael E. MITCHELL.CCA 200501185.

UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-143

Tuesday,
May 6, 2008

HEARINGS

No.
07-0870/AF.U.S.
v. Charles S. ROACH.CCA S31143.

No.
07-0636/AR.U.S.
v. David P. BARTLETT, Jr.CCA 20021244.

APPEALS - SUMMARY DISPOSITIONS

No. 05-0013/AR.U.S.
v. Louis S. LOPEZ.CCA 20010994.On
consideration of the petition for grant of review
of the decision of the United States Army Court of Criminal Appeals,
said
petition is granted, and the decision of the United States Army Court
of
Criminal Appeals is affirmed.[See also ORDERS GRANTING PETITION FOR
REVIEW this
date.]

No. 08-0413/AR.U.S.
v. Eloy N. GARCIA.CCA 20060895.On
consideration of the petition for grant of review
of the decision of the United States Army Court of Criminal Appeals,
said
petition is granted, and the decision of the United States Army Court
of
Criminal Appeals is affirmed.*[See
also ORDERS GRANTING PETITION FOR REVIEW this date.]

*It is
noted
that the decision of the United States Army Court of Criminal Appeals
on
Further Review, dated 16 January 2007, should be dated 16 January 2008.

UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-142

Monday,
May 5, 2008

PETITIONS FOR GRANT OF
REVIEW DENIED

No.
08-0248/AR.U.S.
v. Luis J. VELAZQUEZ-MIRANDA.CCA 20070742.

No.
08-0267/AR.U.S.
v. Henry L. SERVELLON.CCA 20061291.

No.
08-0271/AF.U.S.
v. Robert J. HOLDEN, III.CCA S31368.

No.
08-0281/AR.U.S.
v. Harry A. BOWSER, V.CCA 20070892.

No.
08-0315/NA.U.S.
v. BrandonC.VALLEY.CCA 200700736.

No.
08-0318/AR.U.S.
v. Branden D. HEITKAMP.CCA 20060998.

No. 08-0328/AR.U.S.
v. Armando ACOSTA III.CCA 20070996.

No.
08-0342/AF.U.S.
v. Keith R. MCCLOSKEY.CCA 37040.

No.
08-0345/AR.U.S.
v. Johnnie WILLIAMS III.CCA 20070053.

No.
08-0357/AF.U.S.
v. Marc J. HILL.CCA S31378.

No.
08-0360/AR.U.S.
v. Brett M. BROOKS.CCA 20070588.

No.
08-0364/AR.U.S.
v. Carl E. MINER III.CCA 20070479.

No.
08-0370/AR.U.S.
v. John C. MILLER.CCA 20070609.

No.
08-0374/AF.U.S.
v. Casey CONLEY.CCA S31294.

No.
08-0381/AR.U.S.
v. Joe W. FORT, III.CCA 20070051.

No. 08-0414/AR.U.S.
v. Jonathan B. MATTHEWS.CCA 20070575.

PETITIONS FOR GRANT OF REVIEW FILED

No.
08-0526/AR.U.S.
v. Jason M. HAND.CCA 20070295.

UNITED
STATES
COURT OF APPEALS FOR THE ARMED FORCES

DAILY
JOURNAL

No.
08-141

Friday,
May 2, 2008

PETITIONS FOR GRANT OF
REVIEW FILED

No.
08-0525/AR.U.S.
v. James C. GENTRY.CCA 20061028.

INTERLOCUTORY ORDERS

No.
08-0246/NA.U.S.
v. David V. MENDOZA.CCA 200602353. Appellant's motion to extend time to file
a brief
granted, but only up to and including
May 19, 2008, and absent
extraordinary circumstances, no further extension of time will be
granted in
this case.

No.
08-0376/MC.U.S.
v. Andrew W. SMEAD.CCA 200201020. Appellant's second
motion to extend time to file the supplement to the
petition for grant of review granted, but
only up to and including May 19, 2008, and
absent extraordinary circumstances, no further extension of time
will be granted in this case.

No.
08-0416/AR.U.S.
v. Joseph M. VICTORIAN.CCA 20051303. Appellant's second
motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including May 19, 2008, and
absent extraordinary circumstances, no further extension of time will
be
granted in this case.

No.
08-0445/AR.U.S.
v. David TORRES, Jr.CCA 20070470. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 30, 2008.

No. 08-0447/AR.U.S.
v. Richard M. DEAN.CCA 20070430. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 6, 2008.

No.
08-0449/NA.U.S.
v. Ariel J. WEINMANN.CCA 200700362. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to May 30, 2008.

WHETHER
THE TRIAL COUNSEL ENGAGED IN IMPROPER ARGUMENT WHEN HE ARGUED THAT
APPELLANT
DEMONSTRATED A PROPENSITY TO ENGAGE IN SEXUAL ASSAULT.

ASSUMING
ARGUENDO THAT IT WAS NOT IMPROPER FOR TRIAL COUNSEL TO ARGUE THAT
APPELLANT HAD
THE PROPENSITY TO COMMIT SEXUAL ASSAULTS, WHETHER THE MILITARY JUDGE
ERRED BY
FAILING TO GIVE AN ADDITIONAL INSTRUCTION ON THE USE OF PROPENSITY
EVIDENCE.

WHERE
THE LOWER COURT
FOUND A CONSTITUTIONAL VIOLATION, DID IT ERR WHEN IT FOUND THAT
APPELLANT WAS
NOT PREJUDICED WHEN HE WAS CONFINED FOR OVER SEVEN MONTHS BEYOND THE
DATE HE
SHOULD HAVE BEEN RELEASED UNDER THE CONVENING AUTHORITY'S UNAMBIGUOUS
ACTION?